Reforming Prorogation

Abstract

This article outlines the Trudeau government's proposal to regulate the prime minister's exercise of prorogation through some amendments to the Standing Orders of the House of Commons. It outlines how prorogation works in practice at the federal level in Canada and demonstrates why the House of Commons alone lacks the authority to regulate how the prime minister exercises his authority over prorogation; it then shows how the Parliament of Canada as a whole could regulate the prime minister's authority over prorogation but how only a constitutional amendment could restrict prorogation heavily.

Keywords: prorogation, executive prerogative